Order Michigan Supreme Court
Lansing, Michigan
September 6, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
142822 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 142822
COA: 301683
Washtenaw CC: 04-001767-FC
JASEN ALLEN THOMAS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 1, 2011
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals. That court
shall treat the defendant’s delayed application for leave to appeal as having been filed
within the deadline set forth in MCR 7.205(F) and shall decide whether to grant, deny, or
order other relief, in accordance with MCR 7.205(D)(2). The defendant’s untimely
request for appointment of counsel caused him to lose his appeal of right, but he was
deprived of the opportunity to file an application for leave to appeal through the
ineffective assistance of appointed counsel. See Roe v Flores-Ortega, 528 US 470, 477;
120 S Ct 1029; 145 L Ed 2d 985 (2000); Peguero v United States, 526 US 23, 28; 119 S
Ct 961; 143 L Ed 2d 18 (1999).
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
September 6, 2011 _________________________________________
d0829 Clerk